Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/193

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Ch. 2.
of Persons.
177

As ſoon as the parliament is ſummoned, the lord chancellor (or if a vacancy happens during parliament, the ſpeaker, by order of the houſe) ſends his warrant to the clerk of the crown in chancery; who thereupon iſſues out writs to the ſheriff of every county, for the election of all the members to ſerve for that county, and every city and borough therein. Within three days after the receipt of this writ, the ſheriff is to ſend his precept, under his ſeal, to the proper returning officers of the cities and boroughs, commanding them to elect their members; and the ſaid returning officers are to proceed to election within eight days from the receipt of the precept, giving four days notice of the ſame; and to return the perſons choſen, together with the precept, to the ſheriff.

But elections of knights of the hire muſt be proceeded to by the ſheriffs themſelves in perſon, at the next county court that ſhall happen after the delivery of the writ. The county court is a court held every month or oftener by the ſheriff, intended to try little cauſes not exceeding the value of forty ſhillings, in what part of the county he pleaſes to appoint for that purpoſe: but for the election of knights of the ſhire, it muſt be held at the moſt uſual place. If the county court falls upon the day of delivering the writ, or within ſix days after, the ſheriff may adjourn the court and election to ſome other convenient time, not longer than ſixteen days, nor ſhorter than ten; but he cannot alter the place, without the conſent of all the candidates; and in all ſuch caſes ten days public notice muſt be given of the time and place of the election.

And, as it is eſſential to the very being of parliament that elections ſhould be abſolutely free, therefore all undue influences upon the electors are illegal, and ſtrongly prohibited. For Mr Locke[1] ranks it among thoſe breaches of truſt in the executive magiſtrate, which according to his notions amount to a diſ-

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ſolution